APLICABILIDADE DA JUSTIÇA RESTAURATIVA: UMA ANÁLISE DOS AVANÇOS NORMATIVOS ESTADUAIS

Abstract

Restorative Justice can be defined as an informal procedure aimed at restoring the affected bonds between the victim, the offender, and the community, representing an alternative to the conventional punitive justice model. During the early decades of the 21st century, the translation and implementation of the Restorative Justice approach in Brazil occurred, through the conduct of three innovative projects in the states of Rio Grande do Sul, São Paulo, and the Federal District. However, it was only in 2016 that Resolution n°. 225 was promulgated by the National Council of Justice (CNJ), establishing the foundations and regulations of the National Policy of Restorative Justice in Brazil. Despite the notable successes achieved, particularly in the state of Rio Grande do Sul, where one of the pioneering projects demonstrated positive impacts, there is an urgent need for an in-depth analysis of the applicability and effectiveness of this approach in the context of the state of Mato Grosso do Sul. Thus, the objective of this article is to understand, through normative analyses between states, how normativity influences the applicability of Restorative Justice over time. To achieve this, the research techniques employed were bibliographic and documentary, and the method of approach was hypothetical deductive. It is concluded that despite both states having substantial normativity on the subject, the state of Mato Grosso do Sul still lacks qualitative research confirming the results of the contribution of Restorative Justice's applicability to the state's society.